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Members of the group Citizens for a Greater Orange County want to see the messages and can't move forward with a trial until they get them.

The lawsuit over possible violations of the state's Sunshine Law stems from a WESH 2 News investigation that found several Orange County Commissioners were texting with and allegedly influenced by lobbyists who wanted to stall a measure to require companies pay for sick time.

In court Thursday morning, attorneys for the group argued Orange County have yet to fulfill two of its public records requests and that the information could be lost if action wasn't taken soon.

"All commissioners, we believe, have on these devices, texts or deleted texts that are being degraded every day that passes in this case, being exposed to further destruction to the extend that they may not be recoverable at all," said attorney Tom Shults.

"It appears that everyone is working in good faith to protect the data," said Orange County attorney Bob Grower. "There is no one saying it is my intention to not protect the data, but there is quite a matrix out there right now of how the data is being addressed."

The county says efforts are being made to download and preserve the texts messages, including hiring a private company to handle some of the work.

Mayor Teresa Jacobs has since introduced a new policy for commissioners and their use of county-provided phones.

According to the policy, technology changes were allowed that will retain text messages on the devices.